Monday, April 25, 2016

Update: Full English transcript available here. Lengthy (thank you Joana Morais) but most readable.

Any inference I make below is purely academic, for a body in a coffin theory plays havoc with later revelations, DNA and cadaver odour in the McCann's hire car etc.

Short transcript from CM Special: "Maddie, the Mystery"

Anchor João Ferreira - I would like for you to tell us in detail your explanation for the disappearance of the body, you have a thesis..

Gonçalo Amaral - No, I don't have one.

Anchor - ... in this book...

Gonçalo Amaral - No, in that book there isn't anything concerning what we just saw me saying on the news piece that was shown. Because these are elements, these are information that appeared afterwards and were never investigated. It's just an hypothesis, and when considering that hypothesis...

Anchor - An hypothesis that Madeleine's body could have been hidden, could have been incinerated, right?

Gonçalo Amaral - There's an information here, in the police, that mentions that. That in a night, three figures were seen carrying a bag, entering the church...

Anchor - In the Praia da Luz church.

Gonçalo Amaral - In that church was a coffin of a woman, a woman from the United Kingdom...

Anchor - Of a British woman.

Gonçalo Amaral - ... and in the following day that coffin was transferred to Ferreira do Alentejo to be incinerated. But no one is saying that the parents did that, or saying who did that. It's something that someone who is on the field investigating has to ascertain, must investigate thoroughly.

Anchor - But you concede that hypothesis, that possibility of Madeleine's cadaver being taken to the church, and then incinerated is a plausible hypothesis...

Gonçalo Amaral - We're practically starting by the end, first is the disappearance, if you allow me to explain, to explain to the viewers... [overlapping speech]

Anchor - I'll allow you, but just so not to lose this train of thought, is this hypothesis plausible for you?

Gonçalo Amaral - It is plausible, and I say plausible in this sense, that that body would fit underneath the cadaver that was already there.

Anchor - And it would fit?

Gonçalo Amaral - It would, yes. At the time, when I was already out of the Judiciary Police I obtained the opinion of people that dealt with that, of funeral agencies, and they said that it was a possibility. It's an opinion that is not officialized but it's a possibility. If it happened like that or not, we don't know, there are several hypotheses to make a body disappear. Joana Morais

Thursday, April 21, 2016

. . . Which leads me on to the question of why they received such exceptional treatment from British authorities, directed straight from No. 10, to the extent that Blair and Brown eventually gave them a PR representative? I used at one stage to be Resident Clerk in the FCO, a now abolished post effectively of night duty officer. I can tell you from horrible personal experience that the FCO deals with gut-wrenching cases of lost or dead children abroad frequently. I spent one of the most terrible three hours of my life, through to a cold dawn, on the phone with a hysterical bereaved mother desperate to explore any avenue that might give a possibility that the boy who had just drowned in Brazil was misidentified as her son. On average, I am afraid such tragedies get substantially less than 1% of the public resources that were devoted to the McCanns.

I am going to come straight out with this. British diplomatic staff were under direct instruction to support the McCanns far beyond the usual and to put pressure on the Portuguese authorities over the case. I have direct information that more than one of those diplomatic staff found the McCanns less than convincing and their stories inconsistent. Embassy staff were perturbed to be ordered that British authorities were to be present at every contact between the McCanns and Portuguese police.

This again is absolutely not the norm. On a daily basis more British citizens have contact with foreign authorities than the total staff of the FCO. It would be simply impossible to give that level of support to everybody. Plus, against jingoistic presumption, a great many Brits who have contact with foreign police are actually criminals.

The British Ambassador in Portugal, John Buck, had been my direct boss in the FCO. he was Deputy Head of Southern European Department when I was Head of Cyprus Section. He and his staff were concerned by contradictions in the McCann’s story. The Embassy warned, in writing, that being perceived as too close to the McCanns might not prove wise. They demanded the instruction from London be reconfirmed. It was.

I know of people’s misgivings because I was told directly. But material was also leaked (Joana Morais) to a Belgian newspaper confirming what I have said. It was published by the Express, but like so much other material which is not supportive of the McCanns, it got taken down. Fortunately that last link preserved it. It also shows that the FCO continues to refuse Freedom of Information requests for the material on the interesting grounds that it might damage relations with Portugal. Full article

Tuesday, April 19, 2016

This is a translation of numbers 3 and of the Appellate Court of Lisbon's decision in the case that has been filed by the McCann family against Gonçalo Amaral and others. This blog would like to express its heartfelt gratitude to every one of you who have supported Gonçalo Amaral through this case. It is not over; but this is, without doubt, a significant and relevant decision that boosts our confidence in the Portuguese Courts and in a system that may be excruciatingly slow but ultimately serves its purpose of performing Justice. Thank you.

3. Under articles 635, number 4, and 639, number 1, of the Civil Process Code, the matter of the appeal is delimited by the appellant’s conclusions.

The matter subject to decision is thus essentially centred on the evaluation of the alleged wrongfulness and the responsibility that derives from it, imputed to the 1st defendant [Gonçalo Amaral], now the appellant, of the publication, by the 2nd and the 3rd defendants, equally appellants, of the works at stake.

As far as personality rights are concerned, article 26, number 1, of the Constitution states that everyone has a right to a good name and reputation and to the protection of the intimacy of private and family life.

The same fundamental law protects, with equal dignity, freedom of expression, by stating under number 1 of article 37 that everyone has a right to express and to publicise their thoughts in words, image or by any other means, as well as the right to inform, to inform oneself and to be informed, without impediment or discrimination.

And also, under number 2 of article 38, freedom of press, by consecrating freedom of expression and of creation by journalists and their collaborators.

Number 2 of article 18 establishes, in the case of conflict between fundamental rights, that any legal restrictions to those rights must be limited to whatever is necessary in order to safeguard other rights or interests that are constitutionally protected.

On the other hand, in ordinary law, article 70 of the Civil Code consecrates, as a principle, that the law protects individuals against any illicit offence or threat to offend their physical or moral integrity, while article 80 of the same diploma states that everyone must respect someone else’s intimacy of private life.

Whenever there is a collision of rights that are equal or of the same kind, the holders must, under number 1 of article 335, cede as necessary in order for all of them to produce their effect equally, without greater damage for any one of them – while (under number 2 of the same article), if the rights are not equal or are of different species, the one that is considered superior must prevail.

Therefore, and as the dominant jurisprudence understands the matter:

“One of the limits to the freedom of information, which therefore is not an absolute right, is the safeguard of the right to a good name. Journalists, the media, are bound by ethical and deontological duties, and duties of rigour and objectivity.

- The media have the right, the social function, of spreading news and giving critical or non-critical opinions, and it is important that they do so with respect for the truth and for someone else’s intangible rights, as are personality rights.

- The right to honour, in a broader sense, and the right to freedom of press and of opinion are traditional areas of conflict.

- Criticism has a boundary in the rights of its targets, but it remains legitimate if it is sharp, steely, as long as it is not injurious, because so often therein lies the style of the author.

- To criticise implies to reproach, fault-finding that is aired in the media only stops being legitimate as a manifestation of individual freedom when it expresses objective antijuricity, violating rights that are extremely personal and which effect, in a more or less lasting manner according to men’s memory, assets that need to be preserved as are the rights here at stake, to honour, to a good name and to a social standing” (decision by the Superior Court, dated 20/1/2010, www.dgsi.pt)

In the case at hand, apart from the reporting of the facts that are part of the inquiry into the disappearance of Madeleine McCann, an analysis of the book and of the rest of the published material finds that the now 1st appellant [Gonçalo Amaral] therein sustains the thesis that an abduction did not take place, but rather the accidental death of the child, followed by a cover-up – through the concealment of her cadaver and the simulation of that crime – by plaintiffs Gerald and Kate McCann, now the subjects of the appeal.

It results from the aforementioned publication that the means of evidence and the indicia that it reports to are, essentially, those referred to and documented in the respective criminal enquiry.

Nevertheless, the exposed thesis, that the child died accidentally and that fact was concealed by the parents, who have broadcast, in order to deceive, the hypothesis of an abduction, is not new – the same is equally contained in the report which is mentioned under number 9 of the proven facts, determining the arguido constitution of said subjects of appeal [Kate and Gerry McCann], and was, after a copy of the inquiry was made public, published in the media (numbers 65 and 66 of proven facts).

As was stated in the decision, from this Section, concerning the appended injunction, the 1st appellant [Gonçalo Amaral], wanted, through this book – because the institution to which he was bound did not allow him to reply to attacks against his pride and honour, as a professional of the criminal investigation police – to expose his vision of the facts, and therefore the publication of said book has to be considered a legitimate exercise of the right to an opinion.

And because from the proved matter results that – apart from it being about facts that have been profusely published in the inquiry and even publicised through an initiative of the Republic’s Prosecutor General’s Office – it was the subjects of the appeal themselves [Kate and Gerry McCann] who, benefiting from an easy access, multiplied themselves in interviews and interventions in national and international media, one must conclude that it was them who, voluntarily, limited their rights to reservation and to the intimacy of private life.

By proceeding in this manner, they opened the way for anyone to equally express an opinion about the case, contradicting their thesis – without losing their right to exercise a legitimate, and constitutionally consecrated, right to an opinion and a freedom of expression of thought.

On the other hand, we cannot see how the right of the subjects of this appeal [Kate and Gerry McCann] to benefit, following their constitution as arguidos, from the guarantees of the penal process – including the right to a fair investigation and the right to freedom and safety – may be offended by the contents of a book which, in its essence, describes and interprets facts that are part of an inquiry whose contents have been published.

Nothing opposes that, although they have not been deemed sufficient to lead to a criminal charge, said facts are subject to diverse appreciation, namely in a work of literary nature.

Therefore, and because it is contained within consecrated rights, namely under numbers 37 and 38 of the Constitution, the publication at stake must be considered lawful.

Nonetheless, it is understood, in the decision under appeal, that because the 1st appellant, Gonçalo Amaral, was, until October 2, 2007, the coordinator of the criminal investigation into the disappearance of Madeleine McCann, he was, after his retirement on the 1st of July, 2008, subject to the duties of secrecy and reserve that are imposed to the employees that serve the Polícia Judiciária.

And, under such terms, although the introductory note in the book invokes personal reasons, in a situation of conflict with the rights to a good name and reputation of the subjects of the appeal, the appellant [Gonçalo Amaral] could not benefit, faced with the results of the investigation, of a broad and full freedom of expression – and thus his conduct would be unlawful, under article 484 of the Civil Code.

From what was above said about this matter, it is clearly understood that such argumentation cannot be sustained.

In effect, and independently of the reasons invoked by the appellant for the publication, it is hardly understandable that an employee, even more a retired one, would have to keep said duties of secrecy and reserve, thus being limited in the exercise of his right to an opinion, concerning the interpretation of facts that were already made public by the judiciary authority, and widely debated (in fact, largely by initiative of the intervenients themselves) in the national and international media.

In the absence of its primordial presupposition it must therefore be concluded against the previous decision, due to the lack of precedence of any of the requests that have been formulated by the current subjects of the appeal [Kate and Gerry McCann] – while the re-appreciation of the matter of fact that had been secondarily requested remains impaired.

4. From the above mentioned, it is agreed, in accordance with both appeals, to revoke the appealed decision and, considering the action against them to be unfounded, to acquit the appealing plaintiffs of the totality of the requests. The costs, in both instances [courts] are to be paid by the appealed subjects [Kate and Gerry McCann]. http://pjga.blogspot.co.uk/2016/04/translation-of-conclusions-of-appellate.html

Monday, April 04, 2016

I wish to register a formal complaint in regard to Operation Grange , the so called Met Police search for Madeleine McCann.

I do so on the following grounds.

1/ It has blatantly and inexplicably failed to look at the parents and accompanying party as suspects in the investigation.

This is in complete disregard to the findings in the original Portuguese investigation.

Namely

A/ multiple and significant discrepancies in their accounts

B/ deletion of mobile phone data and obstruction of evidence

C/ multiple indications by forensic cadaver and blood dogs in their apartment on Kate McCann's clothing , the child's toy and on a vehicle they hired 3 weeks after her disappearance.Also a close DNA match found in the boot of the same vehicle.

D/ An eye witness account naming Gerry McCann as the so called prime suspect, Smith man.

E/ The McCanns refusal to cooperate , answer questions and take part in a reconstruction which shelved the original enquiry

F/ Allegations from two healthcare professionals that at least one of the party , doctor David Payne is a paedophile.

They were made suspects for all these perfectly valid reasons , it is apparent that Operation Grange has failed to address a single one of them. The Portuguese closing report does not exonerate them at all , I presume during the 5 years of its existence Grange was aware of these matters , yet has acted as if none of this ever happened.

More specifically , Met police chief Hogan Howe has on at least one occasion claimed the McCanns have been " ruled out" , firstly , this is at complete odds with Granges opening statement which claims " treat the abduction as if it happened yesterday" clearly implying they were totally off the table from the start , secondly it is simply impossible as there is no independent evidence that exonerates them and if there was the McCanns publicity machine would be screaming it from the roof tops.

2/ It is apparent lines of enquiry have been leaked to the media. If this were the case and a live child were being held captive , it would clearly endanger that individuals life, obviously a totally unacceptable situation. Furthermore these leaks have frequently coincided with an ongoing civil case the McCanns are fighting in Portugal , too frequently for comfort.

3/ This failure to investigate properly has boosted the McCanns public profile, helped promote KMs book sales and enabled them to take on further projects. Do you believe , for instance KM would have been made an ambassador for a charity had the Met asked her the same 48 questions she refused to answer in Portugal? I doubt it.

4/ Grange has wasted huge amounts of public money and police time chasing shadows in Portugal which its legal advisors must surely have told them were not viable lines of enquiry. In other words it has done a lot of work and spent a lot of money for the sake of doing it , no other credible reason.

The conclusions here are blatantly obvious.

Operation Grange is a whitewash - a vast PR exercise to promote an abduction scenario that not one shred of evidence exists to support ever even happened.

C/ It undermines the entire credibility of the whole Metropolitan Police Service ( as if it needed any further help)

D/ It threatens the credibility of the entire UK criminal justice system.
In summary Grange is simply corrupt , it has misappropriated huge amounts of public money , it potentially lets child murderers walk free, it is beyond a disgrace, it is worthy of extensive investigation in itself , that day can't come soon enough.John Coxon

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